Articles 120 and 134 in the Same Case: What the Records Show

Trends › By Offense › Article 120 › With Article 134

Based on 164 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

How Many Cases?

Article 134, the general article, covers conduct that is prejudicial to good order and discipline or service-discrediting. It is one of the most common other charges in an Article 120 (sexual assault) case. The records show 164 cases with both, tried between April 2013 and March 2026.

The comparison group, all Army, Navy, and Marine Corps cases charging Article 120, holds 1,266 cases. 322 of them charged Article 120 by itself. None of the 164 cases here did, because each also charged the general article.

Verdicts in Contested Cases

A contested case is one where the accused pleaded not guilty to at least one charge. Of 91 contested cases that reached a verdict, 26 ended in a full acquittal, a rate of 29%. The rate for all Article 120 cases was 49%.

Another 39 contested cases ended in a partial acquittal. In a partial acquittal, the accused is found not guilty of at least one charge or specification and guilty of another. These cases count among the convictions below.

The Contested Share Was the Same

The plea is recorded in 132 of the 164 cases. Of those, 91 were not-guilty or mixed pleas and 41 were guilty pleas. The contested share was 69%.

That is the same as the 69% for all Army, Navy, and Marine Corps cases charging Article 120. The difference from other sexual assault cases was in the verdicts, not in how often cases were contested.

Confinement After a Conviction

Confinement was part of 84% of the 135 convictions. The median confinement was 2.5 years, compared with 2 years for all Article 120 cases. A quarter of the sentences were 8 years or longer.

Sentences of more than one year were given in 88 of 135 convictions (65%), compared with 57% in the comparison group. Sentences of 5 years or more made up 38 convictions, or 28%, compared with 22%. 22 convictions (16%) included no confinement, slightly more than the 13% for all Article 120 cases.

These are adjudged sentences: the sentence imposed at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Punitive Discharges and Dismissals

Of the enlisted members who were convicted, 80% received a punitive discharge: 24 bad-conduct and 73 dishonorable. For all Article 120 cases, the share was 82%.

For officers and warrant officers, the punitive separation is a dismissal. Of 12 convicted officers or warrant officers here, 9 were dismissed. When no punitive discharge was adjudged, an administrative separation could still follow, and these records do not show it.

Other Charges in These Cases

Article 128 (assault) was charged in 104 of the 164 cases. Article 120b (child sexual abuse) was charged in 43, Article 80 (attempt) in 27, and Article 92 (orders violation) in 23.

Rank, Court Level, and Years

The accused were 70 junior enlisted members, 71 NCOs, and 15 officers. The records describe this mix as more senior than all Army, Navy, and Marine Corps cases charging Article 120. General courts-martial, which can impose long confinement and a dishonorable discharge, heard 156 of the 164 cases (95%). Special courts-martial heard the rest.

The highest yearly count was 36 in 2021. There were 21 cases in 2017, 20 in 2022, and 19 in 2023. Only 2 cases are recorded for 2026, a partial year.

Where the Trials Took Place

Fort Bragg and Camp Lejeune, North Carolina each had 12 of these cases. Fort Hood had 9, and Fort Campbell and San Diego, California had 8 each. These 5 installations account for 30% of the 164 cases. Installations with more people try more cases of every kind, so a high count does not by itself say anything about one base.

Rule Changes and What the Records Do Not Show

Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. The Military Justice Act of 2016 changed panel and plea rules from January 1, 2019. Which rules applied to a case depends on the offense date, and the records list only trial dates.

The records also do not include the evidence, the plea terms, or conduct handled by nonjudicial punishment or administrative separation. The figures describe outcomes, not the reasons for them.

For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.